Bonum Certa Men Certa

Digitalisation and Digital Technologies as a Ploy to Justify Illegal Software Patents

Hey hi! My name is "Digital"! I shall be your servant today.

Digital hello



Summary: Say "hello" to the next weasel word/s; from the "hey hi" hype wave we've now moved to something "digital" (which can mean just about anything, including algorithms of all sorts)

THE way the U.S. Patent and Trademark Office (USPTO) deals with 35 U.S.C. €§ 101 does not really determine the eligibility of software patents in the US. The way high courts such as the Federal Circuit (or above, namely SCOTUS) deal with such patents is what matters. Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) also play an important role, especially when decisions become examples or precedents. Here in Europe the appeals are dealt with not by impartial judges but 'glorified' (or elevated) examiners who are terrified of European Patent Office (EPO) presidents like António Campinos and 'Mafioso B' from Corsica. These under-qualified presidents not only allow software patents in Europe but actively advocate these; they even pressure judges to do the same. They gleefully violate the EPC and then they wonder why staff is dissenting? More than 80% of the EPO's staff is eager to go on strike, but 'Mafioso B' made it a lot harder.



"They gleefully violate the EPC and then they wonder why staff is dissenting? More than 80% of the EPO's staff is eager to go on strike, but 'Mafioso B' made it a lot harder."The UPC is dead (we have a lot more to publish about that), but software patents are not because the EPO keeps granting them. Sure, courts would typically throw them out and there will be no "unified" or "unitary" court to change that.

"Digital technologies" is one of the latest smokescreens EPO management uses to describe -- in rather broad and vague terms -- patents on algorithms. The EPO did that again just before the weekend when it tweeted: "Digitalisation is fuelling a growth in patenting. But who's filing the most European patent applications in this field? This analysis of our latest patent statistics provides some insight: https://bit.ly/DigitalisationIndex … #EPOPatentIndex"

DigitalisationIndex...

PatentIndex...

"First Campinos fell in love with "hey hi" (AI) and now it's "digi" this, "digi" that. The EPO keeps promoting illegal software patents disguised using "Digitalisation" or "Digital technologies"..."We've named all this nonsense before...

It's like a broken record/tune now...

First Campinos fell in love with "hey hi" (AI) and now it's "digi" this, "digi" that. The EPO keeps promoting illegal software patents disguised using "Digitalisation" or "Digital technologies"...

Pay attention, dear EPO examiners.

Less than half a year ago the EPO had introduced and then also imposed new guidelines which compel examiners to grant "hey hi" patents (algorithms with glorified buzz and novelty-inducing ambiance). So examiners are in a tough place; obey orders from EPO management or respect the EPC. Cannot do both (risk of unemployment in increasingly-uncertain times in Europe).

The other day we noticed that Slaughter and May's Catherine Cotter (whom we'll mention a lot in the coming week because of UPC lies) celebrates the EPO breaking the law with buzzwords and hype waves. "Digital technologies take top spot in EU patent applications in 2019" was her headline, pushed by her boss (Slaughter, aptly-named firm) in the patent microcosm's platforms.

"Less than half a year ago the EPO had introduced and then also imposed new guidelines which compel examiners to grant "hey hi" patents (algorithms with glorified buzz and novelty-inducing ambiance)."Another one of the patent microcosm's platforms published "Patenting CIIs: ‘no one knows where to draw the line’" -- a paywalled piece by Karry Lai who's pushing illegal software under the misleading guise of "CII" (the lie manifested by the EPO). "Australian in-house counsel and lawyers reveal their struggles with the “black hole” that computer-implemented inventions seem to fall into," the summary says. Well, Australian courts and to some degree the patent office as well reject these patents. There's no “black hole” per se. It's just the law.

Going back to the EPO again, watch this other tweet posted a couple of days ago. At the top of this page the EPO promotes illegal patents on software. They're so shameless about it.

Who are you kidding, Mr. Campinos? Take off the mask. You're another Battistelli and you'd even celebrate patents (monopolies) on basic and rudimentary masks at this time. We'll say more on the latest PR blunder in our next post. It's related to this.

Recent Techrights' Posts

Comparing U.E.F.I. to B.I.O.S. (Bloat and Insecurity to K.I.S.S.)
By Sami Tikkanen
New 'Slides' From Stallman Support (stallmansupport.org) Site
"In celebration of RMS's birthday, we've been playing a bit. We extracted some quotes from the various articles, comments, letters, writings, etc. and put them in the form of a slideshow in the home page."
Thailand: GNU/Linux Up to 6% of Desktops/Laptops, According to statCounter
Desktop Operating System Market Share Thailand
António Campinos is Still 'The Fucking President' (in His Own Words) After a Fake 'Election' in 2022 (He Bribed All the Voters to Keep His Seat)
António Campinos and the Administrative Council, whose delegates he clearly bribed with EPO budget in exchange for votes
Adrian von Bidder, homeworking & Debian unexplained deaths
Reprinted with permission from Daniel Pocock
Sainsbury’s Epic Downtime Seems to be Microsoft's Fault and Might Even Constitute a Data Breach (Legal Liability)
one of Britain's largest groceries (and beyond) chains
 
People Don't Just Kill Themselves (Same for Other Animals)
And recent reports about Boeing whistleblower John Barnett
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 18, 2024
IRC logs for Monday, March 18, 2024
Suicide Cluster Cover-up tactics & Debian exposed
Reprinted with permission from Daniel Pocock
Gemini Links 19/03/2024: A Society That Lost Focus and Abandoning Social Control Media
Links for the day
Matthias Kirschner, FSFE: Plagiarism & Child labour in YH4F
Reprinted with permission from Daniel Pocock
Linux Foundation Boasting About Being Connected to Bill Gates
Examples of boasting about the association
Alexandre Oliva's Article on Monstering Cults
"I'm told an earlier draft version of this post got published elsewhere. Please consider this IMHO improved version instead."
[Meme] 'Russian' Elections in Munich (Bavaria, Germany)
fake elections
Sainsbury's to Techrights: Yes, Our Web Site Broke Down, But We Cannot Say Which Part or Why
Windows TCO?
Plagiarism: Axel Beckert (ETH Zurich) & Debian Developer list hacking
Reprinted with permission from Daniel Pocock
Links 18/03/2024: Putin Cements Power
Links for the day
Flashback 2003: Debian has always had a toxic culture
Reprinted with permission from Daniel Pocock
[Meme] You Know You're Winning the Argument When...
EPO management starts cursing at everybody (which is what's happening)
Catspaw With Attitude
The posts "they" complain about merely point out the facts about this harassment and doxing
'Clown Computing' Businesses Are Waning and the Same Will Happen to 'G.A.I.' Businesses (the 'Hey Hi' Fame)
decrease in "HEY HI" (AI) hype
Free Software Needs Watchdogs, Too
Gentle lapdogs prevent self-regulation and transparency
Matthias Kirschner, FSFE analogous to identity fraud
Reprinted with permission from Daniel Pocock
Gemini Links 18/03/2024: LLM Inference and Can We Survive Technology?
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 17, 2024
IRC logs for Sunday, March 17, 2024
Links 17/03/2024: Microsoft Windows Shoves Ads Into Third-Party Software, More Countries Explore TikTok Ban
Links for the day
Molly Russell suicide & Debian Frans Pop, Lucy Wayland, social media deaths
Reprinted with permission from Daniel Pocock
Our Plans for Spring
Later this year we turn 18 and a few months from now our IRC community turns 16
Open Invention Network (OIN) Fails to Explain If Linux is Safe From Microsoft's Software Patent Royalties (Charges)
Keith Bergelt has not replied to queries on this very important matter
RedHat.com, Brought to You by Microsoft Staff
This is totally normal, right?
USPTO Corruption: People Who Don't Use Microsoft Will Be Penalised ~$400 for Each Patent Filing
Not joking!
The Hobbyists of Mozilla, Where the CEO is a Bigger Liability Than All Liabilities Combined
the hobbyist in chief earns much more than colleagues, to say the least; the number quadrupled in a matter of years
Jim Zemlin Says Linux Foundation Should Combat Fraud Together With the Gates Foundation. Maybe They Should Start With Jim's Wife.
There's a class action lawsuit for securities fraud
Not About Linux at All!
nobody bothers with the site anymore; it's marketing, and now even Linux
Links 17/03/2024: Abuses Against Human Rights, Tesla Settlement (and Crash)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 16, 2024
IRC logs for Saturday, March 16, 2024
Under Taliban, GNU/Linux Share Nearly Doubled in Afghanistan, Windows Sank From About 90% to 68.5%
Suffice to say, we're not meaning to imply Taliban is "good"
Debian aggression: woman asked about her profession
Reprinted with permission from Daniel Pocock
Gemini Links 17/03/2024: Winter Can't Hurt Us Anymore and Playstation Plus
Links for the day